ORDINANCE finding and determining public convenience and necessity for the acquisition of real property interests in connection with the Public Improvement Project known as the FOUNTAIN VIEW REGIONAL LIFT STATION CONSTRUCTION and WESTHEIMER NO. 1 LIFT STATION ABANDONMENT PROJECT; authorizing the acquisition of fee simple or easement interest to two parcels of land required for the project and situated in the Robert Vince Survey, Abstract No. 77 and the Charles Safe Survey, Abstract No. 697, in Harris County, Texas, said parcels of land being located along the east and west lines of Fountain View Drive, between U.S. I-69 and Burgoyne Road in Houston, Harris County, Texas, by gift, dedication, purchase and the use of eminent domain and further authorizing payment of the costs of such purchases and/or eminent domain proceedings and associated costs for relocation assistance, Appraisal Fees, Title Policies/Services, Recording Fees, Court Costs, and Expert Witness Fees in connection with the acquisition of fee simple or easement interest to the two parcels of land required for the project - DISTRICTS G - TRAVIS and J - LASTER

TAGGED BY COUNCIL MEMBER LASTER

This was Item 37 on Agenda of November 16, 2016

SUBJECT: Recommendation that an ordinance for the FOUNTAIN VIEW REGIONAL LIFT STATION CONSTRUCTION AND WESTHEIMER NO. 1 LIFT STATION ABANDONMENT PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

WBS  R-000536-0023-2-01

RECOMMENDATION:  (Summary)

An ordinance for the FOUNTAIN VIEW REGIONAL LIFT STATION CONSTRUCTION AND WESTHEIMER NO. 1 LIFT STATION ABANDONMENT PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

SPECIFIC EXPLANATION:

The Department of Public Works and Engineering is requesting that an ordinance for the FOUNTAIN VIEW REGIONAL LIFT STATION CONSTRUCTION AND WESTHEIMER NO. 1 LIFT STATION ABANDONMENT PROJECT be passed approving and authorizing the acquisition of parcels by dedication, purchase, or condemnation.

This project is part of the City’s ongoing program to improve wastewater infrastructure by consolidating its wastewater lift station facilities, and is required to control operations and maintenance costs, as well as ensure regulatory compliance.  It provides for design of the new Winsome Lift Station; a gravity sewer system to facilitate abandonment and diversion of the Westheimer No. 1 Lift Station (located at 5882 Westheimer) to the new Fountain View Regional Lift Station. Additionally, the project will abandon and divert the Gulfton Lift Station (located at 5905 Gulfton Road) to the new 54-inch sewer line on Renwick Drive.

This action authorizes payment  for costs of land purchases/condemnations, relocation assistance expenses, appraisal fees, title policies/services, recording fees and other acquisition costs in connection with negotiations to settle purchases; finds a public necessity for the project; and approves and authorizes the condemnation of the land and improvements thereon.  If negotiations to acquire the property cannot be concluded as a dedication or purchase or for any reason for which acquisition by condemnation is warranted, this action authorizes the City Attorney to file or cause Eminent Domain proceedings to be filed and acquire land, rights-of-way and/or easements for said purposes and authorizes payment for the Award of Special Commissioners and court costs associated with condemnation proceedings.  Parcels with a consideration that exceeds the spending authority threshold set by State law will be submitted to City Council as they are finalized.  This will expedite the process of acquiring land, rights-of-way and/or easements in support of the FOUNTAIN VIEW REGIONAL LIFT STATION CONSTRUCTION AND WESTHEIMER NO. 1 LIFT STATION ABANDONMENT PROJECT.

Nancy P. Collins                

Senior Assistant Director – Real Estate

Phone: (832) 395-3130

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Dale A. Rudick, P.E., Director

Department of Public Works and Engineering